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CPSC Continues Enforcing PPPA Requirements During COVID-19 Crisis

With millions of children home due to school closures, the Consumer Product Safety Commission (CPSC) recently issued checklists with guidance on keeping homes safe during this period. Protecting children from accidental ingestion of potentially harmful products found in the home featured prominently in these documents. CPSC’s current focus on poison prevention continues a recent trend of increased enforcement of child-resistant closure requirements under the Poison Prevention Packaging Act (PPPA). We previously noted an uptick in recalls of products containing lidocaine for PPPA violations and predicted that this trend would not only continue but also expand to other products. As we expected, recalls for PPPA violations rose to 14 in 2019. These recalls involved various products, including those containing lidocaine, dietary supplements, prescription medication, and wintergreen essential oils. To date, the CPSC has already announced nine recalls for PPPA violations in 2020, including eight recalls in March for prescription drugschemical products and a pain relieving skin cream.

These recent recalls are occurring at a time when supply chains are under tremendous strain due to the COVID-19 crisis. As states and municipalities scramble to contain the coronavirus pandemic, many have shut down all but “essential” services, which threatens to limit the manufacture of packaging and its components. To help guide local decisions on business closures and restrictions, the Cybersecurity and Infrastructure Security Agency’s (CISA) published its Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response on March 19, 2020. As noted in our sister blog, The Daily Intake, the guidance was broad in scope. However, only packaging for Food and Agriculture products was initially expressly covered, despite the critical role that child-resistant closures and packaging play in ensuring the continued supply of numerous essential goods and services. After pushback from business, CISA published version 2.0 of its guidance on March 28, which broadened coverage of the packaging supply chain to include not just Food and Agriculture, but Transportation and Logistics.

Allowing companies manufacturing child-resistant packaging to continue to operate is critical. Restrictions on the ability to manufacture and distribute child-resistant packaging would have resulted in even greater shortages of essential products like medicines and many household cleaners, including sanitizing cleaners.

Despite the strains on supply chains, companies selling medications and household chemicals remain vigilant about maintaining compliance procedures for both the product and the packaging. At a time when market needs are rising, it is vital that new entrants into the cleaning and sanitizing market educate themselves about all regulatory requirements before introducing these products. This will avoid the costs and disruptions of regulatory enforcement should the product or packaging not comply. More importantly, use of proper packaging is crucial to protect children, especially at a time when so many families are confined to their homes.

© 2020 Keller and Heckman LLPNational Law Review, Volume X, Number 92

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About this Author

Sheila Millar, Keller Heckman, advertising lawyer, privacy attorney
Partner

Sheila A. Millar counsels corporate and association clients on advertising, privacy, product safety, and other public policy and regulatory compliance issues.

Ms. Millar advises clients on an array of advertising and marketing issues.  She represents clients in legislative, rulemaking and self-regulatory actions, advises on claims, and assists in developing and evaluating substantiation for claims. She also has extensive experience in privacy, data security and cybersecurity matters.  She helps clients develop website and app privacy policies,...

202-434-4646
Boaz Green Product Safety Attorney Keller and Heckman Law Firm
Counsel

Boaz Green practices in the areas of product safety and consumer protection, assisting on regulatory compliance, enforcement and policy questions. In his product safety practice, Mr. Green counsels clients on risk management and product safety strategies, responses to allegations of incidents or unsafe products, as well as on compliance with Consumer Product Safety Commission (CPSC) requirements, including those of the Consumer Product Safety Act, the Consumer Product Safety Improvement Act, the Federal Hazardous Substances Act, the Poison Prevention Packaging Act, and CPSC regulations and guidance. He also helps clients address the increasing array of state consumer product requirements, including various state green chemistry and related questions. 

Prior to joining Keller and Heckman, Mr. Green was Chief Counsel to Commissioner Marietta S. Robinson at the CPSC. Before his service at the CPSC, Mr. Green focused his government and private practice on financial services regulation and litigation, including commodities, securities, and white collar crime.

Mr. Green is a contributing author of the Consumer Protection Connection blog.

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